Thomas J. Norby

Attorney

Email tnorby@brownsonnorby.com
Phone 612.332.4020

Tom is the Chair of the firm’s Regulatory Practice and Dispute Management Group and the CBD Oil Practice Group. He is the creator of Insight Reports, the only real-time, on-line asbestos bankruptcy database available in the industry.  As a skilled litigator and counselor, Tom’s expertise is in regulatory compliance, business management and dispute resolution. He helps individuals and businesses improve their bottom line through early detection and avoidance of legal pitfalls, and by providing understandable and innovative advice.

Over the span of 30 years, Tom has perfected his command of strategic management and effective dispute resolution in:

  • regulatory compliance and disputes: cannabis-derived products, CBD, tobacco, herbal supplements, employment issues, and workplace safety
  • Product development, commercial sales and growth: trademark, reputation maintenance, commercial speech, daily business challenges
  • toxic tort and exposure: asbestos, silica, benzene, industrial noise

Regulatory Compliance and Disputes

Tom represents business owners as well as product manufacturers, distributors, and retailers in state and federal regulatory matters. He works with companies to create value and competitive advantage by tracking and coordinating compliance efforts in many areas, including cannabis-derived products, CBD, tobacco, herbal supplements, employment issues, and workplace safety. Tom successfully advocates company and industry positions in disputes concerning labelling, packaging, sales, and premarket approval with state and federal agencies such as FDA, DEA, and OSHA.

He is adept at detecting anomalies to puzzle out where a case is and where it needs to go, and managing all of the pieces necessary for strategic execution. He is then able to educate and counsel clients on how to use his findings in the most focused, effective way to either avoid litigation altogether or to improve their defense strategy for a competitive advantage.

Clients can expect integrity, loyalty, and consideration when working with Tom. He is never too busy to pick up the phone when you call. He develops trusting relationships and is dedicated to knowing his clients’ businesses.

Civil Litigation and Management

Tom has successfully litigated and managed thousands of personal injury claims against local and national businesses across the United States. He has prosecuted and defended commercial claims for breach of contract, insurance coverage, and consumer fraud. Tom has designed and managed cost-effective, custom information systems to track claims, discovery, and litigation in complex litigation.

Toxic Tort and Exposure

Tom represents businesses and bankruptcy trusts nationwide in toxic injury cases arising from exposure to asbestos, silica, and industrial noise, as well as claims arising from the use or consumption of tobacco products and herbal supplements. He provides direct representation in Minnesota, North Dakota, and Wisconsin, and is connected to trusted lawyers across the country who provide managed, coordinated representation at local levels as needed.

Bar Admissions

  • Minnesota (1987)
  • U.S. District Court, District of Minnesota (1989)
  • U.S. District Court, Eastern District of Wisconsin (1996)
  • U.S. District Court, Western District of Wisconsin (1998)
  • U.S. District Court, Eastern District of Pennsylvania (2009)
  • Eighth Circuit Court of Appeals (1993)
  • Third Circuit Court of Appeals (2012)

Education

  • J.D., cum laude, Hamline University School of Law (1987)
  • B.A., St. Olaf College, Northfield, MN (1983)

Clerkships

  • Clerk to the Honorable Thomas G. Forsberg of the Minnesota Court of Appeals
  • Senior law clerk to the Honorable Randolph W. Peterson of the Minnesota Court of Appeals

InSight Reports

We believe that finding historical evidence of exposure to asbestos is critical to understanding and evaluating claims. The truth is out there.

Actually, the truth is right here.

Over 100 companies have declared bankruptcy due to asbestos liability. Many of those companies established trusts to administer claims. A number of trusts have published lists identifying approved sites where exposure to company products is presumed. InSight Reports allows users to search aggregated records of “approved sites” published by every bankruptcy trust that has made that information available. InSight Reports presently contains over 130,000 records of approved sites from 38 asbestos trusts.

It is easy to search InSight Reports – and it’s free.

 

Honors & Awards

*AV® is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Memberships

  • Defense Research Institute (DRI)
  • Minnesota State Bar Association (MSBA)
  • Ramsey County Bar Association (RCBA)

Featured Speaker and Moderator

  • Emerging Legal Trends in the Cannabis Industry – Perrin Conferences (2019).
    • Current status of CBD in the regulatory world and appropriate ways to ensure CBD products are safe and effective while keeping producers, distributors, retailers and insurers comfortably within state and federal agency expectations as the market continues to evolve.
  • Cannabis Law Institute – National Cannabis Bar Association (New York 2019)
    • The Heavy-Hitting Federal Agencies – Examining the federal agencies that impact clients and the daily practice of law. Historically, the industry’s biggest concern has always been the DOJ and the DEA, but as enforcement shifts from criminal to civil, we review the increasing power of other major federal agencies, including FDA, USDA, Treasury, and the USPTO.
  • Minnesota CBD Labeling Law – Blunt Strategies (Minneapolis 2019)
    • Discussion of 2020 Minnesota labeling and testing requirements for all CBD products, including test methods, test results, health claims on labels and marketing copy, and related federal overlap for processors, distributors and retailers of CBD products in Minnesota.
  • Cannabis and CBD: Emerging insurance Claims and Legal Issues – Twin Cities Claim Association (2019)
    • Newly legal cannabis and CBD products touch a broad range of traditionally insured lines including agriculture, transportation, business loss, employment, product liability, “gram” shop and worker’s compensation. With a focus on insurance claims professionals, we define fundamental terms, review the legal status of each segment of the market, and discuss how evolving differences in state and federal law may affect incoming claims and suits.

Regulatory Compliance and Subpoenas

  • FDA site inspection, investigation and response – (CBD distribution).
  • FDA product seizure, litigation and resolution – (supplement).
  • USPTO trademark application, objection and resolution – (consumer products).
  • CPSC unauthorized business information disclosure – (consumer products).
  • State boards of pharmacy inquiries and responses – (CBD and supplements).
  • Multi-state label and testing compliance (CBD product design and retail).
  • Indiana E-Liquid Statute and Regulations – (compliance).
  • California Proposition 65 – (product warnings).
  • California Attorney General – (age verification).
  • New York Attorney General – (child safety packaging).

Representative Cases

  • V.Z. USA Nutrition, Inc. v. United Naturals, Inc., Zag Global, Inc. and Steven Curtis Holfeld a/k/a Steve Curtis (N.D. Ill.)  3:15-cv-50263 (2017).
  • In the Matter of: Four Star Ag, LLP (OSHA 2017).
  • Secretary of Labor v. Larson Grain Company (OSHA 2016).
  • In the Matter of FDA Detention Order 1130 (2015).
  • In Re: Asbestos Products Liability Litigation (MDL 875) (E.D. Pa).
  • In re Ephedra Product Liability Litigation 314 F.Supp.2d 1373 (J. P. N. L. 2004).
  • NVE Inc. v. Dept. of Health & Human Servs., 436 F.3d 182, 186 (3d Cir. 2006).
  • Tuttle v. Lorillard Tobacco Co., 377 F.3d 917 (8th Cir. 2004).

Regulatory Comments

  • Docket No. FDA-2018-N-1072 for “International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol (THC); Stereoisomers of THC; Cannabidiol.”
  • Docket No. FDA-2017-N-5095 for “Existing Center for Tobacco Products Regulatory & Information Collection Requirements.”
  • Docket No. FDA-2015-N-1514, RIN 0910-AH24 for “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products.”
  • Docket No. FDA-2014-N-0189, RIN 091 O-AG38 for “Deeming Products to be Subject to the Federal Food, Drug, and Cosmetic Act as Amended by the Family Smoking Prevention and Tobacco Control Act.”
  • Docket No. FDA-2015-N-1514, RIN 0910-AH24 for “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products.”

Publications

Regulatory Law Summary, Brownson Norby, PLLC, 2018

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Contact Info

4800 Capella Tower
225 South Sixth Street
Minneapolis, MN 55402

Thomas J. Norby

Attorney

Email tnorby@brownsonnorby.com
Phone 612.332.4020

Tom is the Chair of the firm’s Regulatory Practice and Dispute Management Group and the CBD Oil Practice Group. He is the creator of Insight Reports, the only real-time, on-line asbestos bankruptcy database available in the industry.  As a skilled litigator and counselor, Tom’s expertise is in regulatory compliance, business management and dispute resolution. He helps individuals and businesses improve their bottom line through early detection and avoidance of legal pitfalls, and by providing understandable and innovative advice.

Over the span of 30 years, Tom has perfected his command of strategic management and effective dispute resolution in:

  • regulatory compliance and disputes: cannabis-derived products, CBD, tobacco, herbal supplements, employment issues, and workplace safety
  • Product development, commercial sales and growth: trademark, reputation maintenance, commercial speech, daily business challenges
  • toxic tort and exposure: asbestos, silica, benzene, industrial noise

Regulatory Compliance and Disputes

Tom represents business owners as well as product manufacturers, distributors, and retailers in state and federal regulatory matters. He works with companies to create value and competitive advantage by tracking and coordinating compliance efforts in many areas, including cannabis-derived products, CBD, tobacco, herbal supplements, employment issues, and workplace safety. Tom successfully advocates company and industry positions in disputes concerning labelling, packaging, sales, and premarket approval with state and federal agencies such as FDA, DEA, and OSHA.

He is adept at detecting anomalies to puzzle out where a case is and where it needs to go, and managing all of the pieces necessary for strategic execution. He is then able to educate and counsel clients on how to use his findings in the most focused, effective way to either avoid litigation altogether or to improve their defense strategy for a competitive advantage.

Clients can expect integrity, loyalty, and consideration when working with Tom. He is never too busy to pick up the phone when you call. He develops trusting relationships and is dedicated to knowing his clients’ businesses.

Civil Litigation and Management

Tom has successfully litigated and managed thousands of personal injury claims against local and national businesses across the United States. He has prosecuted and defended commercial claims for breach of contract, insurance coverage, and consumer fraud. Tom has designed and managed cost-effective, custom information systems to track claims, discovery, and litigation in complex litigation.

Toxic Tort and Exposure

Tom represents businesses and bankruptcy trusts nationwide in toxic injury cases arising from exposure to asbestos, silica, and industrial noise, as well as claims arising from the use or consumption of tobacco products and herbal supplements. He provides direct representation in Minnesota, North Dakota, and Wisconsin, and is connected to trusted lawyers across the country who provide managed, coordinated representation at local levels as needed.

Bar Admissions

  • Minnesota (1987)
  • U.S. District Court, District of Minnesota (1989)
  • U.S. District Court, Eastern District of Wisconsin (1996)
  • U.S. District Court, Western District of Wisconsin (1998)
  • U.S. District Court, Eastern District of Pennsylvania (2009)
  • Eighth Circuit Court of Appeals (1993)
  • Third Circuit Court of Appeals (2012)

Education

  • J.D., cum laude, Hamline University School of Law (1987)
  • B.A., St. Olaf College, Northfield, MN (1983)

Clerkships

  • Clerk to the Honorable Thomas G. Forsberg of the Minnesota Court of Appeals
  • Senior law clerk to the Honorable Randolph W. Peterson of the Minnesota Court of Appeals

Honors & Awards

*AV® is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Memberships

  • Defense Research Institute (DRI)
  • Minnesota State Bar Association (MSBA)
  • Ramsey County Bar Association (RCBA)

Featured Speaker and Moderator

  • Emerging Legal Trends in the Cannabis Industry – Perrin Conferences (2019).
    • Current status of CBD in the regulatory world and appropriate ways to ensure CBD products are safe and effective while keeping producers, distributors, retailers and insurers comfortably within state and federal agency expectations as the market continues to evolve.
  • Cannabis Law Institute – National Cannabis Bar Association (New York 2019)
    • The Heavy-Hitting Federal Agencies – Examining the federal agencies that impact clients and the daily practice of law. Historically, the industry’s biggest concern has always been the DOJ and the DEA, but as enforcement shifts from criminal to civil, we review the increasing power of other major federal agencies, including FDA, USDA, Treasury, and the USPTO.
  • Minnesota CBD Labeling Law – Blunt Strategies (Minneapolis 2019)
    • Discussion of 2020 Minnesota labeling and testing requirements for all CBD products, including test methods, test results, health claims on labels and marketing copy, and related federal overlap for processors, distributors and retailers of CBD products in Minnesota.
  • Cannabis and CBD: Emerging insurance Claims and Legal Issues – Twin Cities Claim Association (2019)
    • Newly legal cannabis and CBD products touch a broad range of traditionally insured lines including agriculture, transportation, business loss, employment, product liability, “gram” shop and worker’s compensation. With a focus on insurance claims professionals, we define fundamental terms, review the legal status of each segment of the market, and discuss how evolving differences in state and federal law may affect incoming claims and suits.

Regulatory Compliance and Subpoenas

  • FDA site inspection, investigation and response – (CBD distribution).
  • FDA product seizure, litigation and resolution – (supplement).
  • USPTO trademark application, objection and resolution – (consumer products).
  • CPSC unauthorized business information disclosure – (consumer products).
  • State boards of pharmacy inquiries and responses – (CBD and supplements).
  • Multi-state label and testing compliance (CBD product design and retail).
  • Indiana E-Liquid Statute and Regulations – (compliance).
  • California Proposition 65 – (product warnings).
  • California Attorney General – (age verification).
  • New York Attorney General – (child safety packaging).

Representative Cases

  • V.Z. USA Nutrition, Inc. v. United Naturals, Inc., Zag Global, Inc. and Steven Curtis Holfeld a/k/a Steve Curtis (N.D. Ill.)  3:15-cv-50263 (2017).
  • In the Matter of: Four Star Ag, LLP (OSHA 2017).
  • Secretary of Labor v. Larson Grain Company (OSHA 2016).
  • In the Matter of FDA Detention Order 1130 (2015).
  • In Re: Asbestos Products Liability Litigation (MDL 875) (E.D. Pa).
  • In re Ephedra Product Liability Litigation 314 F.Supp.2d 1373 (J. P. N. L. 2004).
  • NVE Inc. v. Dept. of Health & Human Servs., 436 F.3d 182, 186 (3d Cir. 2006).
  • Tuttle v. Lorillard Tobacco Co., 377 F.3d 917 (8th Cir. 2004).

Regulatory Comments

  • Docket No. FDA-2018-N-1072 for “International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol (THC); Stereoisomers of THC; Cannabidiol.”
  • Docket No. FDA-2017-N-5095 for “Existing Center for Tobacco Products Regulatory & Information Collection Requirements.”
  • Docket No. FDA-2015-N-1514, RIN 0910-AH24 for “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products.”
  • Docket No. FDA-2014-N-0189, RIN 091 O-AG38 for “Deeming Products to be Subject to the Federal Food, Drug, and Cosmetic Act as Amended by the Family Smoking Prevention and Tobacco Control Act.”
  • Docket No. FDA-2015-N-1514, RIN 0910-AH24 for “Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products.”

Publications

Regulatory Law Summary, Brownson Norby, PLLC, 2018

InSight Reports

We believe that finding historical evidence of exposure to asbestos is critical to understanding and evaluating claims. The truth is out there.

Actually, the truth is right here.

Over 100 companies have declared bankruptcy due to asbestos liability. Many of those companies established trusts to administer claims. A number of trusts have published lists identifying approved sites where exposure to company products is presumed. InSight Reports allows users to search aggregated records of “approved sites” published by every bankruptcy trust that has made that information available. InSight Reports presently contains over 130,000 records of approved sites from 38 asbestos trusts.

It is easy to search InSight Reports – and it’s free.